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Petar Petrov  (Vienna University of Economics and Business)
The European Commission Investigations Against Amazon – A Gatekeeper Saga
December 18, 2020

Large platforms acting as “digital gatekeepers” are increasingly drawing competition agencies’ attention. While no legal definition of a “gatekeeper” has been laid down yet,[1] this concept is meant…

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Marc Wiggers  (Loyens & Loeff, Netherlands) , Robin Struijlaart  (Loyens & Loeff)
Commission aims to introduce ‘traffic lights’ for the digital sector - Detailed regulation for the digital sector instead of genuine ex ante enforcement
December 17, 2020

“I've been wondering how to give a metaphor because these are two quite complex proposals. And the best thing I came to think of was the first-ever traffic light that brought order in the streets,…

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Lena Hornkohl  (University of Vienna, Austria)
The Damages Directive 6 years later: the Commission published a report on the 2014 Damages Directive
December 15, 2020

Ever since the 2001 Courage judgment, private actions for damages are on the rise. The Commission wanted to quickly follow with a legislative act including minimum standards for private enforcement…

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Thosten Käseberg  (Federal Ministry for Economic Affairs and Energy)
Antitrust 2.0 – Governance of oversight over digital gatekeepers
December 14, 2020

The current policy debate The European Commission will table two main legislative proposals on digital platforms: the Digital Markets Act (DMA) with new rules regarding the behaviour of gatekeeper…

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Marc Wiggers  (Loyens & Loeff, Netherlands) , Robin Struijlaart  (Loyens & Loeff) , Nina van Stekelenburg  (Loyens & Loeff)
Dutch ACM launches investigation into the potential role of algorithms in cartels
December 14, 2020

On 10 December 2020, the Dutch Authority for Consumers & Markets (ACM) announced that it has launched a pilot investigation into the role of algorithms in commercial interactions between market…

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Jay Modrall  (Norton Rose Fulbright, Belgium)
EU Anti-Subsidy Initiative: Notifications, Investigations – and a No-Deal Brexit Backstop?
December 14, 2020

Adopting new tools to combat the effects of foreign subsidies is a top European Union (EU) priority for 2021; a no-deal Brexit would raise the stakes for this initiative significantly.   The European…

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Silke Heinz  (Heinz & Zagrosek Partner mbB, Germany)
Draft German competition rules on powerful digital gatekeepers
December 11, 2020

The government’s draft for new competition rules, including on (digital) platforms, published in September 2020 (see here) includes a provision specifically aimed at powerful digital gatekeepers,…

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Christian Bergqvist  (University of Copenhagen)
Collective Bargaining and Platforms
December 11, 2020

The rise and proliferation of the online economy, centred specifically on platforms, has opened new opportunities for private individuals to sell their labour in new and more flexible ways. Either…

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Lena Hornkohl  (University of Vienna, Austria)
Canal+ (C-132/19 P): The Court of Justice Annuls Commitment Decision - The Importance of Third Party Contractual Rights
December 09, 2020

Today, the Court of Justice annulled the Commission decision that made commitments legally binding for Paramount. This decision is the first annulment of a commitment decision since the adoption of…

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Bram Van der Beken  (Deloitte Legal)
Just How Far Could We and Should We Stretch the Facebook V Commission Court Order?
December 08, 2020

The Court order of 29 October 2020 struck by the President of the General Court in a dispute between Facebook and the European Commission is probably the first time in a while where the essence of a…

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